themush
07-23-2007, 11:16 PM
A Hillsborough County jury awarded a Gainesville family $23.5 million Monday in a "wrongful birth" medical malpractice lawsuit.
Two-year-old Caleb Estrada can't eat, talk or walk on his own. The toddler was born with a developmental disorder called Smith-Lemli-Opitz syndrome, as was his older brother.
Attorneys for Caleb's parents argue USF Dr. Boris Kousseff, who specializes in genetics, should have known their son could be born with the disorder and is at fault for not conducting the necessary tests.
"He told them they had no greater chance of having a child like this than anyone else in society," said attorney Christian Searcy. "The advice he should have given them is that there would at least [be] a 25 percent risk. "
Kousseff's attorneys admitted he is partly at fault, but that he's not the only one to blame, because during the pregnancy the Estradas traveled to see a second doctor.
In closing arguments, the Estradas' attorneys explained why USF should have to pay for Caleb's development. However, USF attorneys argued there's a great chance Caleb will be able to eat, walk and talk on his own, and they estimated the cost of care at a maximum of $10 million.
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Please kill me now. How in the hell can a family sue a doctor for not telling them their baby might not be perfect. What would they have done, aborted the baby if they would have known?
Please God save America.
Two-year-old Caleb Estrada can't eat, talk or walk on his own. The toddler was born with a developmental disorder called Smith-Lemli-Opitz syndrome, as was his older brother.
Attorneys for Caleb's parents argue USF Dr. Boris Kousseff, who specializes in genetics, should have known their son could be born with the disorder and is at fault for not conducting the necessary tests.
"He told them they had no greater chance of having a child like this than anyone else in society," said attorney Christian Searcy. "The advice he should have given them is that there would at least [be] a 25 percent risk. "
Kousseff's attorneys admitted he is partly at fault, but that he's not the only one to blame, because during the pregnancy the Estradas traveled to see a second doctor.
In closing arguments, the Estradas' attorneys explained why USF should have to pay for Caleb's development. However, USF attorneys argued there's a great chance Caleb will be able to eat, walk and talk on his own, and they estimated the cost of care at a maximum of $10 million.
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Please kill me now. How in the hell can a family sue a doctor for not telling them their baby might not be perfect. What would they have done, aborted the baby if they would have known?
Please God save America.